Student Resource Guide - Accommodations
Taping a lecture
Students who are unable to take or read notes have the right to tape record class lectures only for their personal study. It is specifically addressed under Section 504 of the 1973 Rehabilitation ACt and the Americans with Disabilities Act (ADA). The legal reference, found in the Code of Federal Regulation 34CFR104.44 (b) for Section 504 reads as follows:
(b) Other rules. A recipient (college) to which this subpart applies may not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of guide dogs in campus buildings, that have the effect of limiting the participation of handicapped students in the recipient's education program of activity.
Lectures taped for personal study may not be shared with other people without the consent of the lecturer. Information contained in the tape-recorded lecture is protected under federal copyright laws and may not be published or quoted without the express consent of the lecturer and without giving proper identity and credit to the lecturer.
Maintaining a right to privacy of information revealed in classroom discussion, an instructor may object to the use of a tape recorder. The instructor's right to privacy, however, does not override the student's right to this accommodation. It is the responsibility of DSP&S to see that the instructor's concern for privacy is respected and addressed while still assuring the availability of the accommodation for the student. In many instances this has been accomplished through a contract between the instructor and student that details the specific limited use of the tapes and makes arrangements for their disposal at the end of the semester.
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